Last updated December 9, 2022
Welcome to www.FS.com (“Site”), which is operated by FS.com, Inc. and its affiliates (hereinafter referred to as “FS,” “we,” “our,” or “us”). These Terms and Conditions (these “Terms”) govern your use of the Site and purchase of products, solutions, and services (collectively, the “Services”) through the Site.
FS may periodically modify these Terms from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site.
Products, Solutions, and Services
FS is a global technology company focused on high-speed network system solutions, providing product development, design, test and delivery services to customers worldwide. Subject to these Terms, you may purchase our products and solutions through the Site for personal or business use.
You may also purchase products and solutions from us for resale, including our customized label or package solutions, with prior written authorization from us. Contact us at the email address below for custom orders, special orders, or other orders for resale. Unless otherwise agreed to in writing, these Terms will apply to such orders.
The Services are subject to change and, in some cases, may be subject to additional terms. FS will notify you of any additional terms in connection with the applicable product, solution, or service.
You may need to register a user account to access certain features of the Site or the Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If you access the Site through a mobile network provider’s service, you will be responsible for any data charges or fees that may apply.
By registering a user account, you agree to provide accurate and current information as may be required to complete the account registration process. You will not impersonate or misrepresent your identity or affiliation with any person or entity in connection with registering your user account. You will maintain the confidentiality and security of your user account login credentials, and you will notify us immediately of any unauthorized use of your user account login credentials. You will maintain and promptly update your account registration information as needed.
Intellectual Property Rights and License
Ownership of Intellectual Property
All of the content and materials, including website design, aesthetic features, color scheme, visual elements and images, illustrations, and the sequence and arrangement of visual elements on the website, available on or accessed through our Site, are protected by copyright and other applicable intellectual property laws and are owned by FS or its licensors or licensees. All trademarks, service marks, trade names, trade dress, and other indicia identifying FS as the source of the Site or the Services, and all brand names of products offered for sale on the Site (collectively, the “Marks”) are owned by FS or the applicable brand owners. You do not obtain any rights in the Marks or in any of the Services available on the Site by your use of the Site, except for the limited license below. All rights in the Site content and the Services are reserved to FS or their respective owners.
Limited License and Restrictions
Subject to these Terms and the specific restrictions below, FS grants you a personal, non-transferable, non-exclusive, and revocable limited license to access and use the Site for the purpose of using or purchasing the Services. FS reserves the right to revoke this license at its sole discretion upon notice to you, in which case, you will immediately stop all use of the Site, the Services, and our intellectual property.
This license grant is subject to the following restrictions:
* You may not resell or distribute any of the Site or the Services without our express written consent.
* You may not use, reproduce, publicly display, distribute, or make derivatives of the Site or the Services, or use the Marks in connection with any products or services, without our express written consent.
* You many not copy the design, aesthetic features, unique color schemes, images, illustrations, or the sequence, organization, and arrangement of the Site for any commercial purpose.
* You may not use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any content available on the Site.
* You may not publish, post, or upload any content on the Site in violation of these Terms or the rights of a third party, including that party’s copyright or trademark rights.
* You may not falsify or delete any intellectual property or legal notice from any file or content you upload or post on the Site.
* You may not violate these Terms or any applicable laws in connection with your access and use of the Site or the Services.
Custom Orders; Custom Labels and Packaging
If under an applicable custom or special order you request that FS apply your marks, names, or other materials (“Content”) on products or packaging, then
(i) by sending your Content to FS, you grant FS a non-exclusive, royalty-free right and license to use, reproduce, modify, and create derivatives of your Content in connection with the order;
(ii) you represent and warrant that you have all rights necessary to grant FS the foregoing rights;
(iii) you represent and warrant that your Content is accurate and does not infringe on any right of any third party; and
(iv) you agree to defend, indemnify, and hold FS and its officers, employees, agents, and affiliates harmless from any claim, suit, damages, and associated costs and expenses arising out of the use of your Content in connection with the order.
Intellectual Property Complaints
We will respond appropriately to notices of alleged intellectual property infringement. If you own intellectual property posted on the Site and believe that your intellectual property rights in that work are being infringed upon, you may provide notice to FS via email to email@example.com.
If you believe a user has posted or uploaded content on the Site that infringes your copyright, provide the following information (pursuant to the U.S. Digital Millennium Copyright Act) via mail or email to the designated agent below:
* A description of the copyrighted work or other intellectual property that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the Site;
* Your name and contact information to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
* A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
* A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
* Your electronic or physical signature.
Attn: Legal Department
380 Centerpoint Blvd
New Castle, DE 19720
Price and Payment
We offer products and solutions on the Site at published or quoted prices subject to the following: (a) published prices may be changed without notice; (b) shipments will be billed at the prices in effect on the date of FS’s acceptance of your order or the prices in effect on the date of the shipments; and (c) published or quoted prices do not include taxes, duties, insurance, or shipping cost. You are responsible for paying any applicable tariff or import fee for customs clearance.
You may correct an order as long as the order has not entered the dispatch process by informing us in writing promptly after you place the order. However, any order containing customizations or other special accommodations cannot be changed or cancelled after we begin processing the order.
We accept the following methods of payment:
* PayPal: You will need to sign up for a PayPal user account to pay using PayPal. PayPal may also allow you to check out and make payments as a Guest. Your use of PayPal is subject to PayPal’s terms and conditions.
* Credit / Debit Card: If you select to pay via credit / debit card, the payment transaction will be handled by a third-party credit / debit card company. A transaction fee may be charged by the third party. Your payment using this method is subject to the applicable company’s terms and conditions.
* Bank Transfer: On the checkout page, FS provides bank account details for you to complete payment by bank transfer. FS, at its discretion, will check the payable amount and update the payment status regularly. You can also keep the payment receipt issued by your bank and send it to FS to confirm and update your payment status.
* Electronic Check / Check: On the checkout page, FS provides an electronic check payment option for you to complete payment for your order. Only U.S. bank accounts are accepted for payment by e-check. You can also make payments for an order by regular check.
Further information is available at Payment Methods.
Whether you can cancel an order (except a custom order) depends on the order status:
* Pending: you may click "Cancel Order" in Order Details under your online user account.
* Processing: most orders are automatically transmitted to our warehouse systems to process; therefore, it may not be possible to cancel an order that has entered the “processing” status. Please contact your account manager or our customer service team to assist with cancellation. Orders containing customized items or other special conditions cannot be canceled once they have entered the "processing" status.
* In transit: in most cases, the order cannot be cancelled after shipment. If necessary, please contact our customer service team or your account manager about your order that has been shipped.
The cancellation may incur additional fees. You will be charged for any reasonable costs requested by the courier and refunded the remainder if the cancellation is caused or requested by you. You may contact our customer service team or your account manager for additional information.
Custom orders are not cancellable.
Payments After Delivery; Credit Order
For some orders, including orders for customized products or large orders, FS may allow you to pay after delivery of purchased products (“Credit Order”). If so, the default payment schedule for a Credit Order is Net 30 days, unless otherwise agreed to in writing by you and FS.
You are responsible for making the full payment for such purchased products, solutions, or services within the due date specified herein or in the applicable order. If you fail to do so, FS will be entitled to charge 1% per month interest until payment is made in full.
FS will retain a Purchase Money Security Interest in any and all products you purchase by Credit Order. FS will be entitled to repossess such products, recover payment for the products, and at any time, require you to immediately return the products to FS.
Terms of Delivery
FS offers shipping options including FedEx, DHL, UPS, EMS, among others. You can also choose to use your own shipping account or forwarder. If you provide us with your own shipping account number or select a carrier other than a carrier that regularly ships for us, title to products and risk of loss or damage during shipment pass from FS to you upon delivery to the carrier. For all other shipments, title to products and risk of loss or damage during shipment pass from FS to you upon delivery to the specified destination. Further information is available at Shipping & Delivery.
The goods will be delivered to the address provided by you, and any shipping dates or completion dates provided by us or any purported shipping deadlines contained in an order or any applicable document are estimates only. To ensure that you will receive the purchased products as soon as possible, your order may be shipped in multiple packages without additional charges from FS. You will be responsible for any and all additional fees relating to any change to the shipping address or shipping method requested by you.
FS is not responsible and bears no liability for any delays in delivery or in performance that result from any circumstances beyond FS’s reasonable control, including, but not limited to, product unavailability, carrier delays, or delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency.
Limited Warranty; Returns; Limited Remedy
During the applicable product warranty period set forth in the Warranty Policy (“Warranty Period”), we warrant that new products will be free of defects in materials and workmanship and will substantially conform to the intended design of the products when used under normal conditions and in accordance with any accompanying documentation for such products (“Limited Warranty”). This Limited Warranty applies only to new products and the Warranty Period will not be extended due to any replacement, repair, refurbishment, or modification to the returned products. This Limited Warranty will apply only to you as the original purchaser of the products unless you execute an agreement with FS to resell the products, in which case, the warranty terms (if any) in such agreement will apply. This Limited Warranty expressly excludes the following:
* Any parts supplied by or service performed by a third party regarding any purchased products unless such third party is authorized by FS;
* Damage to products caused by your failure to use products for the intended purpose or otherwise to comply with applicable documentation, including failure to maintain an appropriate operating environment for the products or perform any required maintenance described therein;
* Damage to products caused by accident, abuse, misuse, acts of God, your defective installation, your negligence, or other external causes unrelated to FS’s actions; and
* Any other exclusions provided in the Warranty Policy.
Timing of Warranty Claim
You must notify FS in writing of product defects detectable at the time of inspection within 30 days following delivery of the products. If you do not notify us within that period, then the delivered products will be deemed accepted by you. Notice of product defects you detect after the 30-day period but during the applicable Warranty Period must be reported to FS in writing as soon as practicable, but in any case within 14 days from the date of discovery of the defect by you.
Limited and Exclusive Remedy
If you timely notify FS in writing of a warranty complaint and FS confirms that the defect is covered by the Limited Warranty, FS will, at its own discretion (i) repair defective products; (ii) furnish replacement products; or (iii) grant you credit equal to the defective products’ net purchase price, and the return shipping will be covered by FS.
You also hereby agree to be bound by FS’s return and replacement policies. You agree that the sole and exclusive remedy for FS’s breach of the Limited Warranty will be to repair or replace the nonconforming products or provide a pro rata refund.
You are responsible for risk of loss of any products you return to us while they are in transit. Accordingly, you may want to insure the return shipment. You are responsible for packaging the products appropriately for return, and you acknowledge that FS will not be responsible for any products damaged while en route to us due to improper packaging or shipping handling.
Customer Service: You may contact our customer service team for questions or suggestions.
Disclaimer of Other Warranties
FS makes no representations concerning any content contained in or accessed through the Site or the Services, and FS will not be responsible or liable for the accuracy, compliance, or legality of any material or content contained in or accessed through the Site or the Services. FS does not guarantee that the Site will be accessible at all times, without interruption, or at any given time.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. FS DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN THE EVENT SUCH WARRANTIES CANNOT BE DISCLAIMED, TO THE FULLEST EXTENT PERMITTED BY LAW, FS LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD AND THE LIMITED REMEDY SET FORTH HEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING FROM THE USE OF THE SITE OR THE USE OR PURCHASE OF THE SERVICES. FS’s AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THESE TERMS WILL NOT EXCEED THE PAYMENT RECEIVED BY US FOR YOUR PURCHASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Your access to the Site and/or the Services may be temporarily suspended due to system errors, maintenance windows or for any reason beyond our control. Further, we may suspend or terminate your access to or use of the Site or the Services at our sole discretion and without prior notice to you if you violate any of these Terms. You acknowledge that we are not liable for any losses or damages, including loss of your content, resulting from the suspension or termination of your access to or use of the Site or the Services.
You agree to indemnify, defend, and hold harmless FS, its agents, affiliates, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and costs, resulting from (a) your infringement of any third party’s rights, including intellectual property rights, or (b) your violation of these Terms or any activity related to use of the Site or the Services by any party on your behalf.
Communications and Feedback
We welcome your feedback and comments. You acknowledge that in your communications with us, unless we specifically state so, we do not solicit or desire to receive any confidential, secret, or proprietary information from you. You agree that any suggestions, comments, content, feedback, or ideas (“Feedback”) you submit to us relating to the Site or the Services will be treated as non-confidential and we will not assume any responsibility, obligation, or liability for such information.
By submitting or sending your Feedback to FS, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to reproduce, distribute, publish, modify, publicly perform, prepare derivative works based upon, and otherwise use or exploit, your Feedback. You represent and warrant that you have the right to make the foregoing grant and that your Feedback is accurate and does not infringe any right of any third party.
Export and Sanctions
Products and technical know-how supplied by FS are intended for use and to remain in the country of delivery in the order. If you purchase products from FS for resale, you agree that if you intend to export such products, you may be required to obtain appropriate licenses and you will be subject to the trade laws and regulations of the applicable country of delivery. You are responsible for obtaining any necessary license(s) from the appropriate foreign trade authorities before exporting purchased products. You agree and acknowledge that FS has no liability whatsoever for your export of such products.
You may not order products or use any services from FS if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law. You must comply with all U.S. or other export and re-export restrictions that may apply to FS goods, software, technology, and services.
These Terms are provided in English and will be interpreted in English. These Terms, together with all referenced FS policies herein and the terms of any custom or special order between you and FS, constitute the entire agreement (“Agreement”) between you and FS concerning your use of the Site and purchase of products, solutions, or services. This Agreement supersedes any prior agreements between you and FS regarding your use of the Site or purchase of the Services. These Terms and this Agreement will be subject to the laws of the State of Delaware, without giving effect to its principles on conflict of laws.
If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org.